HomeMy Public PortalAboutConservation Commission -- 2017-09-05 Minutes Brewster Conservation Commission Minutes — Meeting Under
Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act
Massachusetts General Law Chapter 131 , Section 40,
Wetlands Protection Act (WPA) , 310 CMR 10 .00 Regulations
Massachusetts Department of Environmental Protection ( MA DEP )
( M . G . L . C . 131 . § 40) _
And
Code of the Town of Brewster Chapter 172 ,
Brewster Wetlands Protection Bylaw ( BWP Bylaw) , t ; F,
Wetland Regulations 1 . 01 — 9 . 15
Call to Order
Under the Massachusetts Open Meeting Law , Vice Chairman Hayley Winfield convened the
Tuesday , September 5 , 2017 meeting of the Brewster Conservation Commission at 6 : 00 PM at
the Brewster Town Offices , 2198 Main Street, Brewster, MA.
Present
Vice Chairman Hayley Winfield , Commissioners Bruce Evans , William Klein , Peter Wells ,
Conservation Administrator Noelle Bramer, Natural Resources Director Chris Miller , Department
Assistant Carol Spade
Not Present
Chairman Michael Tobin , Commissioner Nicole Smith
Vice Chairman Hayley Winfield read the following into the record :
"As required by the Massachusetts Open Meeting Law, the Conservation
Commission is informing the public that this meeting will be audio and video*
recorded . Anyone else intending to record is required to inform the Chairman
prior to the meeting . "
Public Hearings
Discussion
Pat Hughes , Chairman , Brewster Coastal Committee
Review of Guiding Principles for Coastal Activities
The Coastal Committee is concerned over climate change and sea level rise , and that the Town
involve Brewster citizens in future decision - making with respect to Brewster' s public coastal
areas .
Chairman Hughes and Coastal Committee member Mary O ' Neil attended .
Ms . O ' Neil explained that the Coastal Committee will soon develop a coastal resource
management plan . She listed the specific items of concern to the Coastal Committee , as
contained in the September 30 , 2016 Brewster Coastal Adaption Strategy* , previously submitted
to the Conservation Commission for review.
Ms . Hughes focused on the Coastal Committee' s desire for public engagement in the form of pre-
discussion meetings before certain permitting processes begin . Issues of concern to the
committee include the following :
1 . Proposed new or re-configured beach access ( bike paths to the beach , parking lots for
public landings , etc . ) .
2 . Proposed landward retreat of town -owned public coastal parking lots .
3 . That the town involve citizens in a five-year plan focusing on coastal projects .
Brewster Conservation Commission Minutes September 5 , 2017 1
The Coastal Committee has been learning of projected sea level rise . The members displayed
visual aids * depicting sea level rise projections at all of the town landings .
Ms . Hughes added that the Provincetown MA Center for Coastal Studies assisted the Town of
Brewster in documenting the sand movement in Brewster' s coastal areas in a special report* .
The document depicts that the western area of the Brewster coastline is eroding , while it is
accreting on the eastern side . Much of the sand is being deposited offshore . Ms . Hughes believed
this document would be valuable were the Conservation Commission to develop performance
standards for protection against sea level rise .
Ms . Hughes added that the Coastal Committee is hoping to receive funding from the Town to
obtain professional consultant assistance in its endeavor, specifically with its management plan .
The representatives encouraged the Conservation Commission to submit any comments or
suggestions to the Coastal Committee to assist it in its mission .
This Coastal Committee will present its objectives to the Board of Selectmen at its meeting of
September 18 , 2017 .
*Documents discussed .
1 . Town of Brewster, MA Coastal Adaption Strategy, September 30 , 2016
2 . Visual aids not available for the discussion record .
3 . Center for Coastal Studies Assessment of the Century Scale Sediment Budget of the Brewster Coast,
June, 2015
Public Hearings
Requests for Determinations of Applicability
Marcia Pioppi Galazzi , The Family Schools , Inc . , requests determinations as to whether the
area — proximity to inland wetlands , and the work — enclosure of a play area with a six-foot
high natural wood fence - are subject to the Wetlands Protection Act and jurisdiction of
the BWP Bylaw. Property is on 3570 Main Street, Assessors ' Map 126 , Parcel 90 (formerly
28/35 -2) .
Summary of Applicant Testimony
Marcia Pioppi Galazzi represented the applicant . She described the resource area and project as
contained in the Request for Determination and plan * .
Summary of Staff/Conservation Commission Comments
Discussion included questions on the exact area of the proposed fence and plantings .
Summary of Public Comments
The public had no comment .
William Klein moved , Bruce Evans seconded the motion to close the public hearing and issue
determinations , as shown :
Negative Determination
3 . The work described in the Request is within the Buffer Zone, as defined in the
regulations , but will not alter an Area subject to protection under the Act. Therefore, said
work does not require the filing of a Notice of Intent, subject to the following conditions (if
any) .
6 . The area and/or work described in the Request is not subject to review and approval by
Town of Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw.
The Commission unanimously approved the motion .
* List of documents submitted for the Request for Determination and discussed at this hearing
1 . Coastal Engineering Company The Family School 3572 Main Street, 8124/05
2 . Photo, sketches ( undated)
i
Brewster Conservation Commission Minutes September 5 , 2017 2
Brewster Conservation Trust ( BCT) requests determinations as to whether the area —
proximity to inland wetlands , and the work — creation of a pedestrian trail and placement
of associated benches and interpretive signs on four adjacent parcels surrounding No
Bottom Pond and owned by the BCT , Orenda Wildlife Land Trust and Ocean Edge Resort
LTD Partnership , are subject to the Wetlands Protection Act and jurisdiction of the BWP
Bylaw. Property is on 0 Long Pond Road , Assessors ' Map 75 Parcel 13 and 16 and others
(formerly 33/95 -2 and 33/95-3 and others ) .
Summary of Applicant Testimony
Jeff Thibodeau , Land Acquisition and Management Specialist , BCT , represented the applicant
and the other ( listed ) land owners . He thoroughly described the resource areas and project; a
walking trail around the entirety of No Bottom Pond as contained in the Request for Determination
and displayed plans * . He explained that minor pruning and/or cutting of native understory
vegetation ; some of which is within 50 feet of wetland areas is proposed . This is necessary allow
the public the passive nature observation , study and enjoyment of the resource areas , and
access to No Bottom Pond .
Summary of Staff/Conservation Commission Comments
Commission comments included confirmation that the trail will be no more than four feet wide .
Summary of Public Comments
Public comments included a question on erosion control mechanisms , which Mr. Thibodeau
answered .
William Klein moved , Bruce Evans seconded the motion to close the public hearing and issue
determinations , as shown :
Negative Determination
3 . The work described in the Request is within the Buffer Zone , as defined in the regulations , but will not
alter an Area subject to protection under the Act . Therefore , said work does not require the filing of a
Notice of Intent, subject to the following conditions ( if any) .
6 . The area and/or work described in the Request is not subject to review and approval by Town of
Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw ,
The Commission unanimously approved the motion .
* List of documents submitted for the Request for Determination and discussed at this hearing
1 . Brewster Conservation Trust Proposed " No Bottom Pond" Trail
Prepared by BCT 11 /21 /16
2. Brewster Conservation Trust Aerial Photo Locus Map Source : MA GIs
Notices of Intent
The Brewster Conservation Trust ( BCT) proposes ( a variance from the Brewster Wetlands
Protection Bylaw) at the Eddy Bay public walking trail , to vista prune ( undulating to mimic
the natural variation ) and remove invasive vegetation parallel to the top of a coastal bank
at the terminus of the trail to allow the public a view to the bay ; also to install an
interpretive sign at the northern end of the trail . Property is on 0 Lower Road , Assessors '
Map 49 , Parcel 135 (formerly 3/154=2/) .
The project is not located on the MA Natural Heritage and Endangered Species Map * as an area
of rare plant and wildlife habitat and rare wetlands wildlife .
Summary of Applicant Testimony
Jeff Thibodeau , Land Acquisition and Management Specialist , BCT , represented the applicant .
He described the resource area and the project as contained in the Notice of Intent , narrative ,
variance request and displayed plan * .
He explained that the undulating vegetation removal (to a maximum height of four feet) is
necessary for trail visitors to see the view of Cape Cod Bay . Their past incursion beyond the
Brewster Conservation Commission Minutes September 5 , 2017 3
existing trail onto the top of the coastal dune contributed to erosion , and it is hoped the vegetation
pruning will discourage this .
Mr. Thibodeau then stated that an interpretive sign describing this 50 foot-high wild hilltop (text
included in the Notice of Intent) is proposed immediately north of the existing fence in the 50 foot
buffer zone .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan * .
Commission/staff comments included a request that the applicant vegetate the eroding coastal
landforms with appropriate* thorny woody plants such as Rosa caroling (pasture rose) or Prunus
maritima ( beach plum ) , particularly in the pedestrian created paths . The objectives are to deter
hikers from encroaching onto the dune and helping build the dune , which is also experiencing
environmentally caused erosion .
To further prevent pedestrian traffic on the dune , the Conservation Administrator requested the
applicant set sign (s) stating : "Dune Restoration in Effect ' .
Summary of Public Comments
The public had no comment.
William Klein moved , Bruce Evans seconded the motion to continue the hearing to September 19 ,
2017 , for the Conservation Administrator to draft findings and special conditions for an Order of
Conditions for the project, incorporating items as discussed . The Commission unanimously
approved the motion .
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . Brewster Conservation Trust USGS Topographic Locus Map, Aerial Photo Locus Map, Source : MA
GIS BCT Interpretive "Cape Cod Bay, Narrative, Variance Request, August 18, 2017
2 . Rare Species, 310 CMR 10 . 59 Natural Heritage and Endangered Species Map as Priority Habitat under
the MA Endangered Species Act (MESA) and Estimated Habitat under MA Wetlands Protection Act
(WPA) regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings
of Municipal Boards" which amends Massachusetts General Laws Chapter 39 , Section
23D , Commissioners Hayley Winfield and Bruce Evans certified in writing that they
thoroughly examined all evidence received at the public hearing of August 1 , 2017 , the
only previous testimonial hearing they did not attend . Examination of evidence included
visiting the site , reviewing all evidence received and the audio/videotape and/or minutes
of the hearing , prior to the proceeding hearing .
( Continued Hearing ) John J . Holtman and Barbara White-Holtman propose (variance from
the Brewster Wetlands Protection Bylaw) to construct a kayak rack, prune vegetation and
remove invasive vegetation species , within 50 feet of inland wetlands . Property is on 5
Carson 's Way , Assessors ' Map 23 , Parcel 60 (formerly 36/37 -101 ) .
Eligible voters: Klein, Smith, Tobin, Wells Hearing opened August 1, 2017 (testimony
taken) continued to August 15 (no testimony)
Ms . Bramer stated that the applicant accepts the proposed findings and special conditions of the
Conservation Commission for this project .
Having reviewed findings under the WPA and BWP By- law and special conditions under the BWP
By- law, Peter Wells moved , William Klein seconded the motion to close the hearing , approve the
project with findings and special conditions as drafted , and issue an Order of Conditions . The
Commission unanimously approved the motion . Eligible voters: Bruce Evans, William Klein, Peter
Wells, Hayley Winfield (4-0 )
Brewster Conservation Commission Minutes September 5 , 2017 4
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings
of Municipal Boards" which amends Massachusetts General Laws Chapter 39 , Section
23D , Commissioners Hayley Winfield and Bruce Evans certified in writing that they
thoroughly examined all evidence received at the public hearing of August 15 , 2017 , the
only previous testimonial hearing they did not attend . Examination of evidence included
visiting the site , reviewing all evidence received and the audio/videotape and/or minutes
of the hearing , prior to the proceeding hearing .
( Continued Hearing ) Ari and Jo Ann Daskalakis propose a variance from the Brewster
Wetlands Protection Bylaw to prune for vista purposes and construct a seasonal dock into
the waters of Long Pond . Property is on 660 Crowell 's Bog Road , Assessors ' Map 72 ,
Parcel 30 (formerly 41 / 10 - 12 ) .
Eligible voters: Klein, Smith, Tobin, Wells Hearing opened August 15, 2017 (testimony
taken)
Summary of Applicant Testimony
John O ' Reilly , PE , PLS , J . M . O ' Reilly , Inc . , represented the applicants .
Mr. O ' Reilly stated that the property owners listened to the Conservation Commission ' s concern
of August 15 that an open view to the pond through the middle of the property can be seen from
the porch to provide ample view of the pond , and submitted a revised plan * accordingly ,
Having no concerns over the plan as revised , William Klein moved , Peter Wells seconded the
motion to continue the hearing to September 19 , 2017 , to allow the Conservation Administrator to
draft findings and special conditions for an Order of Conditions for the project. The Commission
unanimously approved the motion
*List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . J . M . O' Reilly & Associates Inc. Site Plan for Dock and Vista Corridors 660 Crowell 's Bog Road . . . rev.
8/28/17
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings
of Municipal Boards " which amends Massachusetts General Laws Chapter 39 , Section
23D , Commissioners Hayley Winfield and Bruce Evans certified in writing that they
thoroughly examined all evidence received at the public hearing of August 15 , 2017 , the
only previous testimonial hearing they did not attend . Examination of evidence included
visiting the site , reviewing all evidence received and the audio/videotape and/or minutes
of the hearing , prior to the proceeding hearing .
( Continued Hearing ) Sea Pines Condominium Association proposes a variance from the
Brewster Wetlands Protection Bylaw, to improve an existing beach path , reconstruct and
enlarge an existing elevated stair landing , and to install snow fencing , on and within 100 and
50 feet of coastal resource areas . Property is off Sea Pines Drive , Assessors ' Map 78 ,
Parcel 77 and others (formerly 6/20 ) .
Eligible voters: Klein, Smith, Tobin, Wells Hearing opened August 15, 2017 (testimony
taken)
John O ' Reilly , PE , PLS , J . M . O ' Reilly , Inc . , represented the applicants . He stated that as
representative for the owner, the applicant accepts the proposed findings and special conditions
of the Conservation Commission for this project.
Having reviewed findings under the WPA and BWP By- law and special conditions under the BWP
By- law, Peter Wells moved , William Klein seconded the motion to close the hearing , approve the
project with findings and special conditions as drafted , and issue an Order of Conditions . The
Commission unanimously approved the motion . Eligible voters: Bruce Evans, William Klein, Peter
Wells, Hayley Winfield (4-0 )
In accordance with Chapter 79 of the Acts of 2006 , "An Act Further Regulating Meetings
of Municipal Boards" which amends Massachusetts General Laws Chapter 39 , Section
i
Brewster Conservation Commission Minutes September 5 , 2017 5
23D , Commissioners Hayley Winfield and Bruce Evans certified in writing that they
thoroughly examined all evidence received at the public hearing of August 15 , 2017 , the
only previous testimonial hearing they did not attend . Examination of evidence included
visiting the site , reviewing all evidence received and the audio/videotape and/or minutes
of the hearing , prior to the proceeding hearing .
( Continued Hearing ) Jason and Eve Rapp propose a variance from the Brewster Wetlands
Protection Bylaw, to install and maintain a seasonal dock into the waters of Seymour Pond .
Property is on 87 Surry Lane , Assessors ' Map 51 , Parcel 122 (formerly 40/43 -179 ) .
Eligible voters : Klein, Smith, Tobin, Wells Hearing opened August 15, 2017 (testimony
taken)
Summary of Applicant Testimony
John O ' Reilly , PE , PLS , J . M . O ' Reilly , Inc. , represented the applicants ,
Mr. O ' Reilly stated that the property owners listened to the Conservation Commission ' s concern
of August 15 over observed boats stored in the Bordering Vegetated Wetland ( BVW) on the
property . The revised plan * shows the dock shifted slightly and a rack over the existing landing
and away from the BVW, for storing boats .
Having no concerns over the plan as revised , William Klein moved , Bruce Evans seconded the
motion to continue the hearing to September 19 , 2017 , to allow the Conservation Administrator to
draft findings and special conditions for an Order of Conditions for the project. The Commission
unanimously approved the motion .
*List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . J . M . O' Reilly & Associates Inc . Site Plan rev. 8/29/17
Chris Miller, Town of Brewster Natural Resources Department, proposes (a variance from
the Brewster Wetlands Protection Bylaw) to manage the ecosystem health of Upper Mill
Pond by applying an aluminum sulfate salt (alum ) to the pond to bind and remove surficial
sediment phosphorus to reduce algal blooms and improve water quality . Upper Mill Pond ,
Assessors ' Map 23 , Parcel 48 (formerly 36/205 -1 ) .
The project is not located on the MA Natural Heritage and Endangered Species Map* as an area
of rare plant and wildlife habitat and rare wetlands wildlife .
Water quality assessments show that Upper Mill Pond , Walker' s Pond and Lower Mill Pond are
impaired heavily with high concentrations of phosphorus , chlorophyll and nitrogen and do not
meet surface water standards of the federal Clean Water Act .
The proposed project qualifies as an Ecological Restoration Limited Project pursuant to 310 CMR
10 . 54 (4 ) (e) ( 5) .
Summary of Applicant Testimony
Tara Nye , Environmental Scientist , and Mark Nelson , Senior Hydrogeologist and Principal ,
Horsley and Witten , represented the applicant. Chris Miller, Town of Brewster Natural Resources
Department, attended .
Ms . Nye stated that in 2009 , Brewster initiated its town -wide Integrated Water Resource
Management Plan . In 2014 , it produced the Mill Pond Management Plan , which recommended
the alum treatment of Upper Mill Pond .
Ms . Nye described the resource area , land under a waterbody , and the project as contained in
the Notice of Intent, narrative and variance request, etc. * She explained that Upper Mill Pond as
well as the connecting Walkers Pond and Lower Mill Pond (of which Upper Mill Pond is in the
middle) flow into Stony Brook and ultimately to Cape Cod Bay . Stony Brook is among the most
productive river herring habitats on Cape Cod . This proposal is phase II of an Ecological
i
Brewster Conservation Commission Minutes September 5 , 2017 6
Restoration Limited Project ; the removal of macrophyte vegetation in Walker' s Pond under Order
of Conditions SE 9 - 1724 , was Phase I .
She explained that applying aluminum compounds to the water renders the phosphorus inactive .
Reducing the phosphorus will reduce algal concentrations , improve water quality and clarity ,
improve oxygen levels in the water and restore habitat value (all protected interests under the
WPA and BWP Bylaw) .
The alum will be applied only to the deepest portion of the pond where it is anoxic (oxygen
deprived ) and susceptible mussel populations are not present . For wildlife protection , the alum
application is restricted to between November 15 and March 15 . The project will monitor Upper
and Lower Mill Pond both during and for two years after application .
Mr. Miller then explained that for the first phase of this pond complex remediation , he and other
department officials very recently removed 4 — 5000 pounds of macrophyte vegetation in Walker' s
Pond .
He stressed that Walker' s Pond has little clarity and is experiencing blue-green algae in the past
week , so that his department has posted signs disallowing swimming and other such recreational
activities .
He stressed that this proposed treatment is important to reduce these adverse nutrients to protect
environmental ( habitat) and human health .
Mr. Nelson explained that it is important the high concentrations of phosphorus , chlorophyll and
nitrogen are at levels approved by federal , state and local environmental laws ,
He added that development around these ponds is relatively low compared to some other ponds .
The present adverse phosphorus levels likely originated 60 or 70 years ago , and are stirred up
from the pond bottom sediments by winds .
Brewster is planning town -wide stormwater management and possible septic system regulations ;
some of which will be around these ponds , to add another level of protection from current
phosphorus concentrations .
Summary of Staff/Summary of Conservation Commission Comments
Conservation Commission confirmation of resource area boundary accuracy is not applicable to
this application * .
Discussion included questions as to the length of time the aluminum sulfate is effective and
considered alternatives to the alum treatment.
The applicants stated the alum is estimated to remain effective against the phosphorus for up to
approximately eighteen ( 18 ) years . They added that the town and state treated with aluminum
sulfate , formerly impaired Long Pond ( in 2007 , Order of Conditions SE 9- 1382 ) and Cliff Pond in
Brewster' s Nickerson State Park ( in 2015 , Order of Conditions SE 9- 1661 ) .
Mr. Miller added that the alternative of removing the contaminated sediments completely would
very likely kill the life in the pond , and is not cost effective .
In answer to another question , Mr. Miller re-explained the lack of oxygen in the pond and
resultant adverse effects .
The applicants clarified that the maximum amount of aluminum sulfate proposed for this
application is 50 g/m squared , as contained in the Notice of Intent.
Brewster Conservation Commission Minutes September 5 , 2017 7
Summary of Public Comments
The public had no comment .
William Klein moved , Peter Wells seconded the motion to continue the hearing to September 19 ,
2017 , to allow the Conservation Administrator to draft findings and special conditions for an Order
of Conditions for the project . The Commission unanimously approved the motion .
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . Narrative , Variance Request, Appendix A : Figures & Photographs , Appendix B . MA DMF Letter (see below) :
MA DFW & NHESP Letter & MH (see below)
2 , February 22 , 2016 to , , Horsley Witten Group and August 30 , 2017 letter to Brewster Conservation
Commission from MA Division of Marine Fisheries
3 . Rare Species , 310 CMR 10 . 59 MA Natural Heritage and Endangered Species Program (NHESP) Priority
Habitat (MA Endangered Species Act (MESA]) and Estimated Habitat Map (WPA) , 321 CMR 10 , 310 CMR
May 19 , 2016 Letter to Conservation Commission and Christopher Miller from Thomas W. French , Assistant
Director, Natural Heritage & Division of Fisheries and Wildlife Re : Lower Mill Pond , etc. Macrophyte
Harvesting
Robert and Susan Valcourt propose to construct a 42 by 18 -foot wood frame shed to
contain boats , approximately 80 feet from inland wetlands . Property is on 54 Deer Path
Circle , Assessors ' Map 137 , Parcel 49 (formerly 31176 ) .
The project is not located on the MA Natural Heritage and Endangered Species Map * as an area
of rare plant and wildlife habitat and rare wetlands wildlife .
Summary of Applicant Testimony
Laura Schofield , Schofield Brothers of Cape Cod , represented the applicants . She thoroughly
described the resource areas and project as contained in the Notice of Intent , narrative ,
Delineation Field Data Forms and displayed plans * . She stressed that mitigation plantings were
chosen with their value for wildlife , including Amelanchier canadensis (serviceberry) , Viburnum
dentatum (arrowwood ) and Vaccinium angustifolium ( lowbush blueberry) .
Summary of Staff/Conservation Commission Comments
The Conservation Commission did not confirm resource area accuracy as shown on the site
plan * .
Discussion included requests for clarification on the reason for the area chosen and the tree
removal involved , which Ms . Schofield answered to the satisfaction of the Commission .
Summary of Public Comments
The public had no comment.
William Klein moved , Bruce Evans seconded the motion to continue the hearing to September 19 ,
to allow the Conservation Administrator to draft findings and special conditions for an Order of
Conditions for the project. The Commission unanimously approved the motion .
* List of documents submitted for the Notice of Intent and discussed at this hearing :
1 . Site Plan , Schofield Brothers of Cape Cod, 54 Deer Path Circle, August 8 , 2017, Mitigation Plan to
Accompany a Notice . . . 54 Deer Path Circle, Narrative
2 . Rare Species, 310 CMR 10 . 59 Natural Heritage and Endangered Species Map as Priority Habitat under
the MA Endangered Species Act ( MESA) and Estimated Habitat under MA Wetlands Protection Act
(WPA) regarding the existence of rare plant and wildlife habitat and rare wetlands wildlife
3 . 310 CMR 10 . 55 Delineation Field Data Forms
Violations/ Enforcement Order Ratification
1 . Michael Dennis Properties LLC , 34 Sea Meadow Lane , Assessors ' Map 37 , Parcel
98 (23/64) , Violations of Order of Conditions 2003 -79 under Code of the Town of
Brewster Chapter 172 , Brewster Wetlands Protection By- law, including failure to
complete construction in accordance with approved plans and mitigate with
established native plantings
Brewster Conservation Commission Minutes September 5 , 2017 8
William Klein moved , Bruce Evans second the motion to ratify the above referenced
Enforcement Order. The Commission unanimously approved the motion .
Citizens ' Forum
The public had no comment at this time .
Report of the Natural Resources Director
The Natural Resources Director had no report at this time ,
Report of the Conservation Administrator
The Conservation Administrator had no report at this time .
Review of Plan Change
1 . New Venture Holdings Order of Conditions SE 9 -1735 request as to whether
proposed changes (see letter and plan ) shall constitute minor changes to plan - on
0 (44) Underpass Road , Assessors ' Map 78 , Parcel 117 (formerly 15/156 )
Paul van Steesal represented the property owner.
The Conservation Commission agreed the above plan change as described by the
Conservation Administrator shall be considered minor, and thus approved ( Klein moved ,
Evans seconded the motion ) ; the plan shall be designated as such by the Conservation
Administrator, The Commission unanimously approved the motion .
2 . Spenlinhauer ( new owner, Doutrich ) Order of Conditions SE 94545 , request as to
whether proposed changes (see letter and plan ) shall constitute minor changes to
plan - on 43 Landing Drive, 48/19
The Conservation Commission agreed the above plan change as described by the
Conservation Administrator shall be considered minor, and thus approved ( Klein moved ,
Evans seconded the motion ) ; the plan shall be designated as such by the Conservation
Administrator. The Commission unanimously approved the motion .
Requests for Administrative Review
1 . Millstone Village Association , (end of) South Pond Drive , 88/10 ( 27/202 ) , tree
removal
2 . Jamie McGrath , 204 Cranview Road , 51116 (3/163 ) building changes
3 . Tim Baker, 62 Alden Drive , 56/85 (24/53 ) , tree removal
4. Ann and Norman Daniels , 19 George Darby Cartway , 33/41 (36/64-2 ) tree removal ;
replanting with native shrubs
As contained in her Administrative Report, the Conservation Administrator believed the
above referenced projects meet parameters for activities under the Commission ' s
Administrative Review process , and approved the projects under Administrative Review.
Following discussion , Wells moved , Klein seconded the motion to ratify the Conservation
Administrator' s decision on the projects . The Commission unanimously approved the
motion .
Review and Approval of Minutes
1 . August 15 , 2017
Having reviewed the above referenced minutes , Wells moved , Evans seconded the
motion to approve them as written . The Commission unanimously approved the
motion .
Document signatures
At 7 : 40 PM , Wells moved , Evans seconded the motion to adjourn the meeting . The Commission
unanimously approved the motion .
Brewster Conservation Commission Minutes September 5 , 2017 9
The meeting adjourned at 7 : 40 PM .
Carol Spade
"Note:
The words, "wetland" and "resource area " are synonymous.
The 100 and 50 foot buffer zone is the protective upland area located within 100 and 50 feet
of a wetland .
As the municipal focal point for environmental protection Conservation Commissions were given the
responsibility in 1972 for administering the ACT. Since that time the Commissions have served in a
regulatory as well as a conservation capacity.
In 1979 , Lovequist v. Conservation Commission of Town of Dennis, the Supreme Judicial Court upheld that
by-laws are not in conflict with the Wetlands Protection Act , so long as they impose stricter standards on
projects affecting wetlands and other resource areas .
Among the list of documents* for this meeting is the following:
1 . Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service
(www. capecodextension. org), list of native woody plants for coastal/inland wetland buffer zones depicting the
species, size and natural spacing of plants
2. Massachusetts Department of Agricultural Resources , . .lnvasive Plants in Massachusetts 111105
3. Administrative Report of the Conservation Administrator
4. Meeting video recording, Town of Brewster Website httaJ/town. brewster. ma. us
Brewster Conservation Commission Minutes September 5 , 2017 10